Can a person be evicted for dirty apartment?

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Can a person be evicted for dirty apartment?

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I have an elderly friend in her 80's who recently survived brain surgery. She does not have dementia but has limited vision. She is somewhat frail, and doesn't clean her apartment which is quite filthy with roaches. We are thinking of getting her a social worker to help her find a caretaker to help clean. But some of us are worried that the social worker may notify the building staff which would result in her getting evicted. Is this a legitimate concern?

Care Decisions Elder Law Hygiene Senior Apartments

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Yes. But involving APS to assist in the rehabilitation of the apartment condition would be something a judge would consider at any eviction hearing for this reason. The property owner cannot simply make someone move. They can, however, refuse to renew the lease, or return deposits for damages caused and unusual wear and tear of the premises.

Ignoring this issue and it not being corrected ASAP will be a legitimate basis FOR eviction/non renewal of lease.

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The building super should be taking care of the bug infestation.

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Seven years ago, I got written up for a strong cat urine odor in my apartment. I had the Stanley Steemers come in and clean the place up. I was fostering a third cat; the two others have gone to meet their maker. I have another one now who uses her box like a good girl should, and is such a delight. A fellow tenant had told a coworker of hers that I was going to be evicted, and I had gotten a phone call from the coworker's wife. I had a good mind to go to where they worked and had them both fired.

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I don’t know where she lives, and that probably determines the answer. In general, at least in the US, I think she’s entitled to quiet enjoyment of the leased premises, and roaches aren’t necessarily a sign of bad housekeeping. Once they’ve gotten a foothold in a building they are hard to eradicate.
If, however, she is creating a dangerous/unsanitary condition for other tenants, that may be another story. Some jurisdictions are extremely pro-tenant. Consult a local elder law attorney, and good luck.

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Warning: the social worker may notify Adult Protective Services. Call the Jewish Family Service or Catholic Charities for a social worker on staff. Do not call the county. These or other services may be able to help with low-cost or free cleaning services.

Btw, anyone can be evicted from an apartment for any reason absent a lease. And, even with a lease, if one is in defat or arrears with rent, eviction is still possible with great financial liability.

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If your landlord feels like you're being an undesirable tenant, then he or she can evict you for just cause

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It would be better to help her find a cleaner first to get the place cleaned up before anyone comes to visit. With limited vision, she may be eligible for some public assistance, so you are right to think along the lines of having her speak with a social worker. Could you take her to a social worker first to get the services in place? She would need someone to take her shopping (or shop for her), possibly cook a meal a day, clean, take her to doctor appointments, etc.

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Does she have family? It's time for them to step in and make some decisions - clean it up or move her to assisted living or to a new place. They would be the first contacts I would make. You don't want to get the ball rolling and unable to finish the deed. If you contact social worker, there is a huge possibility she could be moved or evicted and the family needs to be involved in the process that could take place.

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Absolutely right! The county has great powers.

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Maybe if it’s cleaned up there would be know eviction but if you leave it and they find out they would most likely say clean up or you will need to move.

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It sounds like she needs daily care. As mentioned in above messages, once roaches are in a building it is almost impossible to get rid of them. Chances are they have been there for years and decided to congregate at your friends because it is a smorgasbord.
She should be accessed by professionals to ensure she can live independently. If she can't and needs to be moved...I, personally, would not take anything from the apartment, or she will bring the buggers with her. They say roaches are the only thing that could survive a nuclear bomb! It sounds like she needs senior support to get her on track and into a safe environment.
As for the eviction, I believe they can evict for unsanitary conditions. There is a process that goes along with evictions. By the time it gets to court there should have been registered letters sent to her with time limits to fix whatever the problem is. When you go to court you, your attorney and a mediator take you into a room and try to negotiate to avoid the eviction.
You have recognized a serious situation - now is the time to take control and help your friend. It can be as simple as calling Social Services. It is a huge commitment. Good luck.

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Exactly. The roaches are there because she doesn’t bother them. Ugh. I hate roaches.

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Roaches are usually not limited to 1 apartment but hers may have the most "food" so are abundant there. Most apartment complexes prefer to keep their places rented. If you are addressing the cleaning and they address the roaches, she shouldn't have a problem staying. it seems easier to have a cleaning service come over at least weekly rather than go through a social worker - whom you will have to pay as well.

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The roaches in my old building hung out in the laundry room - I swear they ate laundry soap. But it was always nice and warm there.

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If your friend's apartment has roaches, so does the rest of the apartment which should be fumigated. Roaches transmit 35 different types of diseases. It's not just her, though her apartment should be cleaned. Can't you simply find a cleaning service yourself to help her out? My experience with social workers is they simply give you a resource page to go find the services you need, they don't find the service. Your friend may be in the horrific position of not having any family available to help, and you are her angel. Angel jobs though some people choose, frequently are imposed upon us. Then we have an opportunity to do the best we can for someone. Sometimes it can be just notifying social services or meals on wheels of a senior in need, sometimes it's more.... a lot more. No act of kindness, no matter how small is ever wasted.

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I would think a Social Worker would help the situation. By getting one involved there is a plan in action.
It would be neighbors that would complain to the management about roaches and if this woman would not let them in to spray that might turn into a reason to evict.
Cleaning is one thing but if this woman is a "Hoarder" getting someone in to clean is not going to help.
If there is a notice from management the process would have to go to court (unless her lease is up soon then they would just not renew) and it takes a VERY long time to evict. By having a social Worker involved and the process of cleaning would demonstrate to management as well as to the court if it went that far that changes are being made and this woman is getting help.
It might be possible that if it went to court if the judge thinks that this woman is not safe to manage on her own the judge may want a Guardian appointed. Does your friend have a relative that could help? If not a friend or court appointed guardian may put in place. (But this may not happen at all it depends on the judge and if it even gets that far)

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Yes. Many buildings actually do "checks" to make sure the apartment is cleaned. AND, they are usually responsible for spraying for bugs. You can go to the building staff yourself and request they spray your friend's apartment. They might even have a name of a cleaning person you can use.

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And if that doesn’t pan out, I got a great housekeeper from Care dot com.

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Go over and Clean the house the best you can. Maybe set Roach Traps, Sprays, This will help. No problem Now, angel.xx

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The problem is the roaches, they scatter everywhere from apartment to apartment. And if you spray your mothers apt, they will just go other places in the building. Does the apt building have insect control where they spray all the apartments on a regular schedule?

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If she is that bad off, it sounds like she needs to be put in a nursing home for her own safety. One day she is going to fall and be on the floor for hours if not days. If she has filth all over the place clearly she cannot be by herself.

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I suspect a nursing home would be overkill. Assisted living, or at least a situation in which someone can check on her routinely, would probably be adequate.

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Yes. A lot of properties do periodic walk through of units so they could possibly find out on their own.
Yes you can be evicted due to no cleaning. You put other tenants at risk with bugs rodents. Usually you'll get a warning or two.

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People can be evicted for a home that is so dirty it is deteriorating the property. Now, will the landlord do it or are they happy to just get rent? Unless there are complaints, most commercial landlords could care less.
As for a social worker, if you called anonymously and just stated that you have an elderly friend that needs assistance and are looking for resources and referrals...there shouldn’t be an issue and you could go from there. No need to inform them of the situation unless it really is at the point of non repair and beyond your assistance. I am sure she would appreciate the assistance and staying in her own place.

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That seems like a humane way to handle it.

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I used to manage apartments--way back in the day when DH was in college and I was home with baby #1.

Roaches in an apartment? Those things don't have any sense of boundaries, once they have gotten in a bldg. there are there for good. One nice apt I managed became infested 40 years ago and is STILL on a monthly 'spray' regimen, 40 YEARS people.

Yes, she can be evicted, but the 'hangers on' will always be there. There's almost no way to control roaches in a large bldg.

A SW? I think a family member is going to have to step up if they want this lady to retain her apartment. A SW is far more likely to call in the apt manager and who knows what the dynamic is going to be like?

She needs a lot of help. Does she have family who can/will step up? And I am sorry to have to say this, but you HAVE to report the roaches. You can't prove they came from her apt but you need to have them dealt with.

And yes, you do have a real concern for her to be evicted. One has to hope they will give her some time to get her act together--sounds like she really needs to be in a better living arrangement, but that's probably not your call.

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Thanks for your helpful answer. Thanks to everyone who replied. This woman is actually the friend of a friend. We all decided that since she doesn't want anyone she doesn't know in her apartment, her friends would have to volunteer to do minimal cleaning for her. At least take out the garbage and don't leave food lying around. She seems to be able to live independently (for now). She always lived in a messy apartment--even when she was younger. I think she has a hoarding problem.

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Her landlord can order her to clean up the unit and get rid of the roaches and if she doesn't comply then the landlord has the right to start eviction proceedings. Leases are written to protect the property and the owner of the property. Eviction clauses are written very broadly for a reason. A landlord can start eviction proceedings for most any reason that he or she feels violates the lease agreement.

Nothing can stop her landlord from filing for eviction. She will have to appear in court and a judge will determine whether or not she is in violation of the agreement and whether or not the landlord gave her reasonable notice to fix the filth. To head all of that off at the pass, offer to help her hire a "Move In/Move Out" cleaning from a reputable cleaning service and a visit from an exterminator. If she's offended, oh well, it's better than being evicted. Time for a dose of truth that only a good friend can deliver.

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I lived in an apartment and I am OCD about cleaning, I had to call the management every month to get the building treated. I don't know what the reason for the tiny critters was, but none of my neighbors ever moved in the 5 years I lived there.

I am sure that they were happy to see me go because I was always making them deal with the problem.

Can you set some roach motels or whatever is the best to kill roaches in her apartment for her?

I think that Barb is right about her having an advocate to protect her. So contacting your area on aging should start the process. She may need facility care if she can't take care of herself safely, so be prepared for things to change for her.

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Diana, roaches will travel to other apartments in the building, and once the tenants complain about the pest, management will bring in a pest control company. Even a spotless white-glove tested apartment can have insects.

As for being evicted, one would need to read your friends Lease. As for a place being filthy or not, it all depends on the person's personal reference. If you feel the place is in need of a good scrubbing, can your friend afford to have a cleaning crew come over and give the apartment a good once over? If she cannot afford that, maybe a group of her friends could chip in and gift her a professional cleaning. Hopefully she will accept it.

I tried to gift my Mom [in her 90's] a house cleaning and my Mom was insulted. Oops, that wasn't my intentions. The dust bunnies were multiplying but Mom couldn't see it with her limited vision, and my Dad never noticed it.... [sigh].

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I lived that white glove and insects.

It was managed by monthly treatment from a professional exterminator.

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The 80 yr old woman obviously is unable to care for her self. Low vision and dirty house with roaches is a red flag. She might need more care than she is able to provide for herself. I reported an elder who lives alone and w/c bound, with a rabbit who has free roaming privileges in her house. Her husband and son died, they were members of our church. I made something and dropped it off, I could not believe the place, feces all over the place, it stunk, walls open with electrical wires exposed. I immediately reported this to the Board of Health, RN and Senior Center. They told me they were aware, and are working on the situation. Fast forward: Rabbit is gone, but house still filthy, and has not been evicted or placed in facility. I am not 100% sure an elder can be evicted for a dirty apartment with roaches. I think tenants do have responsibility to keep their place clean,otherwise it can become a health hazard for them, and other tenants. Elder services should be involved ASAP.

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Dirty? Roaches is not dirty, it so far beyond. I don't think this is something to keep secret because it is unsafe for her and others in her building as well.

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I would also be concerned about her health and safety in those conditions. I think I might also be concerned over whether my assessment of why the place is dirty is correct. Is her vision loss recent? Did she clean up prior to the surgery? I find it difficult to believe that they discharged a senior after brain surgery who has limited vision, with no home care plan......so, I'd wonder if there might be other issues going on. If she knows she is in this situation, why does she not seek help? You're kind to offer help. I hope she will accept it. It seems like I read about there being special services for those who are visually impaired.

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Where do you propose to find a social worker?

I think in your shoes, I would call the local Area Agency on Aging and find out what they recommend in situations such as this.

I think she is far more likely to be evicted by management if she DOESN'T have the protection of an agency/care worker who can advocate for her.

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So true.

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Can a person be evicted for dirty apartment?

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